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SWIFT Trademark Guidelines (October 2014)

Introduction

SWIFT has a worldwide reputation for the security, availability and resilience of its network, products and services. The SWIFT trademarks are important vehicles of that reputation and, as such, are protected as valuable assets by SWIFT. Any improper or unauthorised use of the SWIFT trademarks is likely to affect that reputation.

These guidelines explain to which extent third parties may obtain permission to use SWIFT trademarks. Third parties are invited to consult these guidelines. No use of SWIFT trademarks is permitted without SWIFT’s prior permission. Questions about the use of the SWIFT trademarks should be addressed to the Legal Department.

1 SWIFT Trademarks

Here, the term ‘SWIFT trademarks’ means all registered trademarks, non-registered trademarks, trade names and company names owned by SWIFT.

1.1 S.W.I.F.T. and SWIFT

Both S.W.I.F.T. (with dots) and SWIFT (without dots) are used to identify the company.

1.1.1 S.W.I.F.T.

S.W.I.F.T. is protected as a company and trade name in many countries. The Articles of Association define the company name as Society for Worldwide Interbank Financial Telecommunication and its abbreviation as S.W.I.F.T.

S.W.I.F.T. is used when referring to S.W.I.F.T. SCRL.

1.1.2 SWIFT

SWIFT is protected as trade name and registered trademark in many countries. It is commonly used when referring to either S.W.I.F.T. SCRL or the SWIFT group (S.W.I.F.T. SCRL, its branches and subsidiaries).

1.2 Registered product and service names

SWIFT has registered its main product and service names on an extensive basis worldwide. The SWIFT product and service names registered as trademarks are:

SWIFTNet

Sibos

3SKey

Innotribe

MyStandards

SWIFT Institute

1.3 Registered signs

SWIFT has registered the following signs as trademarks on an extensive basis worldwide:

The SWIFT logo:

The only permitted use of the SWIFT logo by a third party is under one of the licence programs listed below (Section 4).

The Standards Forum logo:

SWIFT does not authorise any use of its logos by third parties unless with prior SWIFT approval.

1.4 Other product and service names

Other SWIFT product and service names are protected as trade names and, in countries where this is available, also as non-registered trademarks.

2 Restricted Uses

Except as indicated in these guidelines or as permitted by licence, third parties may not use names or signs identical or similar to SWIFT trademarks in a manner which creates confusion as to the origin of the products and services offered under those names or signs, nor in a manner which affects or takes unfair advantage of the distinctive nature or reputation of SWIFT trademarks.

In particular, SWIFT does not authorise any use of its trademarks that might induce SWIFT customers to erroneously believe that:

such third party is part of the SWIFT group or constitutes a SWIFT representative office,

there is a partnership, joint venture or any other commercial connection between such third party and SWIFT,

the third-party products and services are developed or supplied by SWIFT, under its control, or jointly with that third party,

the third party was authorised, by licence or otherwise, to use the SWIFT trademarks,

SWIFT is responsible for the quality of the third-party products and services.

To illustrate these principles, SWIFT trademarks cannot, without prior permission, either in whole, in part or in combination with other names or signs:

be used to designate a third-party product or service,

be registered as trademarks by a third party,

be used as a third-party company name,

be registered or used as domain names by a third party.

SWIFT reserves the right to take all necessary action against any use of its trademarks that does not comply with the present guidelines.

3 Authorised Referencing

3.1 General

As a general rule, SWIFT trademarks may be used by a third-party where it is necessary to indicate the intended purpose of a third-party product or service.

To illustrate this principle, third parties may refer to SWIFT trademarks:

when such reference is needed to indicate the compatibility of their products or services with SWIFT products and services, for example in their technical documentation, advertising materials or website, and

when such reference is in practice the only means to provide the public with comprehensible and complete information on the intended purposes of their products and services, for example by adding ‘for SWIFTNet’ or ‘over SWIFTNet’ to the name of their interface or business solution.

To be authorised, such referencing must:

be made in a neutral and objective manner and in accordance with honest business practices,

not create any risk or confusion regarding the origin of the third-party and the SWIFT product or service or regarding the independence between the third-party and SWIFT,

not emphasize the SWIFT trademark in any way or manner (colour, font or size) presenting it as the prevailing element in the product or service name, and

be made in a descriptive manner, thereby referring to the SWIFT products and services as being offered by SWIFT. When the reference is made in documentation, advertising materials or on a website, it should be accompanied with the acknowledgment:

"[referenced SWIFT trademark] is a trademark of S.W.I.F.T. SCRL".

Such authorised referencing does not entail any warranty or certification by SWIFT regarding the quality of the third-party product or service, and SWIFT waives any liability in that respect, nor does it entitle the third party to any other rights, title, or licence to the SWIFT trademarks.

3.2 SWIFT Standards

'SWIFT Standards' is the overarching name for standards products, tools and services that SWIFT delivers to the SWIFT community.

In particular, the term 'SWIFT Standards' covers any message-based standard or component thereof, developed by or for SWIFT, including the related business model, messages, message flows and documentation, whether in draft or final form.

The name 'SWIFT Standards' may be used when referring to FIN messages and to XML messages developed in accordance with the ISO 20022 methodology.

Messages developed by or for other organisations than SWIFT in accordance with the ISO 20022 methodology are not SWIFT Standards, but may be selected for use on SWIFTNet and, as such, be included in the SWIFT Standards documentation. The name 'SWIFT Standards' may not be used in relation to those messages.

4 Licence Programmes

Under various programmes, SWIFT grants contracting parties the right to use SWIFT trademarks.

Only parties that satisfy the eligibility criteria of these programmes may benefit from these trademark licences. For the eligibility criteria of a particular programme, please refer to the applicable SWIFT documentation. The currently available licence programmes are:

4.1 Partner Programme

The Partner Programme is open to companies intending to provide SWIFT-related products or services which require co-operation with SWIFT, or to companies that want to promote and facilitate the sale of SWIFT products and services in their region.

The eligibility criteria and conditions for use of the various titles and labels are defined in the SWIFT Partners Programme - Terms and Conditions.

4.1.1 SWIFT Business Partners

SWIFT Business Partners are responsible for the promotion and sales facilitation of SWIFT products and services to SWIFT Customers.

SWIFT grants Business Partners the right to use the ‘SWIFT Business Partner' title and label, as per the following sample:

The conditions for use of this title and label are defined in the agreement with the Business Partner.

4.1.2 SWIFT Certified Programme

The SWIFT Certified Programme provides a label to external applications, specialists, and interfaces which fully comply with pre-defined SWIFT quality criteria and standards.

The eligibility criteria to use these labels are defined in the applicable Partner Programme documentation.

4.1.2.1 SWIFT Certified Applications

With this label, SWIFT certifies a selected third-party business application which meets well-defined requirements around SWIFT standards, messaging and connectivity. SWIFT provides certifications per specific market segment, including payments, trade, securities and corporates.

Upon certification, SWIFT grants the provider the right to use a label specifically in relation to the application, as per the following sample:

4.1.2.2 SWIFT Certified Specialists

With this label, SWIFT certifies that an individual specialist meets well-defined requirements in his or her specific area of technical or business expertise.

Upon certification, SWIFT grants the provider the right to use a label specifically in relation to the individual, as per the following sample:

4.1.2.3 SWIFT Certified Interfaces

With this title, SWIFT certifies that a SWIFT interface developed by a customer or third party meets well-defined technical requirements and standards.

Upon certification, SWIFT grants the customer or provider the right to use the ‘SWIFT Certified Interface' title, together with indication of the type of interface and applicable SWIFTNet Release.

4.2 Shared Infrastructure Programme

Under the SWIFT Shared Infrastructure Programme, SWIFT grants Service bureaux that meet all eligibility criteria the right to use the ‘SWIFT Service Bureau' title.

Once granted by SWIFT, a Service Bureau can refer to their compliance level as Minimum Operational Practice, Standard Operational Practice, or Premier Operational Practice.

In addition, SWIFT grants Service Bureaux that meet the Premier Operational Practice requirements the right to use the following label:

4.3 National Member Groups and National User Groups

SWIFT grants National Member and User Groups the right to use the National Member, Group or National User Group title and logo.

The conditions for use of the title and logo are defined in the Guidelines for the use of the SWIFT National Member and User Group logo, and available on request from the Legal Department.

4.4 Sibos Exhibitors

The Sibos trademark designates SWIFT’s annual conference for the worldwide financial community. It originally stood for SWIFT International Banking Operations Seminar. It has since grown to include the entire financial industry, including securities, trade and treasury.

Sibos is entirely written in lower case (sibos) when used in combination with the logo, and as a proper noun (Sibos) when used without the logo. Sibos is NOT written in capital letters (SIBOS).

SWIFT grants companies who register as Sibos exhibitors the right to use the Sibos official exhibitor logo:

The conditions to register as Sibos exhibitor and to use the Official exhibitor logo are defined in the Sibos Exhibitor agreement.